Brussels, 18/05/2011 (Agence Europe) - On Wednesday 18 May 2011, EU Justice and Fundamental Rights Commissioner Viviane Reding unveiled proposals to grantee crime victims' basic rights in other Member States than the one where they are registered. Viviane Reding had lodged a draft directive setting out minimum standards for victims' rights and a draft regulation on mutual recognition of protection measures decided in any one Member State in other Member States, measures such as the legal requirement that attackers keep away from their victims and do not contact them.
The Commission says that nearly 75 million people may fall victim of a crime somewhere in the EU every year. Along the lines of the measures the Commission has started to introduce for crime suspects and legal proceedings, it wants to set up common EU rights for victims, be they the victims of rape and other forms of sexual assault, harassment, mugging or terrorism.
The draft directive sets out compulsory measures to be introduced by the Member States, such as ensuring victims are treated with respect and police, prosecutors and judges are trained in how to properly deal with them; victims get information on their rights and their case in a way they understand; victim support exists in every Member State; victims can participate in proceedings if they want and are helped to attend the trial; vulnerable victims are identified - such as children, victims of rape, or those with disabilities - and they are properly protected; and victims are protected while police investigate the crime and during court proceedings.
The draft directive covers a victiim's right to demand that attackers are prevented from contacting them, the right to be heard during investigations and proceedings, rights in the event that a case is not taken to trial to ensure victims can check that the proper procedures have been carried out, the right to reimbursement of costs and the obligation on Member States to apply these rights in line with standard practice in their country. One article in the draft directive covers the training of legal professionals in how to approach victims.
The Commission's aim with the draft regulation is to ensure that victims of violence (including domestic violence) can still rely on restraint or protection orders issued against the perpetrator if they travel or move to another EU country. This would take the form a simple certificate so that the victim does not need to make a special application abroad. This idea of mutual recognition of civil law protection measures is not new - it was the subject of draft legislation promoted by 12 Member States and published in September 2009 which the Spanish Presidency tried to get introduced during its chairing of the EU in the first half of 2010. The Spanish Presidency suggested that the legislation should cover both civil law and criminal law and focus on violence against women, but this was controversial and Commissioner Reding called for the right to scrutinize the plans on the grounds that the draft legislation focussed more on civil law matters (over which the European Commission has power). The Commission promised that it would unveil draft legislation for the civil law aspects, leaving the Council of Ministers to deal with criminal law.
The draft regulation unveiled by the Commissioner covers mutual recognition of civil law protection measures, to complement legal measures on the mutual recognition of criminal law protection measures, explains the Commission. Member States will be required to introduce two separate EU regulations in addition to their own civil and criminal law legislation. The Commissioner says that the legal debate is about to begin although the initial controversy has now been settled and the two regulations would ensure maximum protection of victims living or travelling in other EU countries. At a press conference, Viviane Reding quoted the United Kingdom as the Europe champion of victims' rights, but pointed out that at the other end of the scale were countries like Spain where victims' rights were very poor. (S.P./transl.fl)